Civil Legal System

Adoption creates a legal parent-child relationship between the person adopting and the child being adopted. The child must be legally able to be adopted. Requirements for adoption are:

• The person adopting must be 21 years of age or older.
• The person adopting cannot have been convicted of a felony that involves child abuse, violent crime, or unlawful sexual behavior.
• The child being adopted should be under 18 years old. The court also has to approve the adoption of any person between the ages of 18 and 21.
• The child must have been living with the person wanting to adopt for one year.
• The child must not be part of a dependency and neglect case.

More information on other family law issues.
List of courts by county.

If you or someone you know needs help on this topic, click here for some Denver-based and national organizationsclick here for some Denver-based and national organizations that may help you.

To see Colorado statutes on adoption, click here.

A protection order is also sometimes called a “restraining order”.

People who are afraid for their safety can ask the court for a civil protection order (CPO). They may have experienced domestic violence, sexual assault, stalking, trafficking, elder abuse/exploitation, or other types of crime. For example, a victim who was abused by their partner might ask the court for a CPO. When the court “enters” the CPO, this means that an order is entered against the partner. The order tells the partner not to do certain things, such as not going to the victim’s home.  

The victim who asks for a protection order is called the Petitioner or Protected Party. The person who the order is against is called the Respondent or Restrained Party.

A temporary protection order (TPO) can be filed when a person fears that she or he is in imminent (immediate) danger. If the court grants the order, a TPO lasts for two weeks. At the end of the 2 weeks, there is a hearing to decide if the order will be made permanent, continued for up to a year if both the Petitioner and Respondent agree, or be dismissed. 

A TPO goes into effect once it has been “served” on the Respondent. “Serve” means that an adult who is not part of the case, usually a Sheriff’s deputy, gives a copy of the TPO paperwork to the Respondent in person. Service is important because it lets the other party in the case know that a case has been filed against them.

In order to grant a permanent protection order (PPO) a court has to find:

• That the Respondent did the things that led to the TPO being granted; and
• The Respondent will keep doing those things if there is no PPO, or that the Respondent will intimidate or try to get back at the Petitioner if there is no PPO.

A protected party can ask the court for specific conditions with a CPO, including:

• Care and control of children for up to one year.
• Care and control of pets.
• Temporary payment of rent and/or bills.
• Forcing the restrained party to leave a shared home

According to U.S. and Colorado law, Respondents are required to give up any firearms and ammunition if a protection order related to Domestic Violence is entered against them.

CPOs are different from mandatory protection orders (MPO). Here are some differences:

To learn more about a mandatory protection order, click here.

Violation of any protection order is a crime and can be reported to the police. A protection order is only one part of a safety plan.  Click here for more information on safety planning.

Find legal representation in your area.
List of courts by county.

If you or someone you know needs help on this topic, click here for some Denver-based and national organizationsclick here for some Denver-based and national organizations that may help you.

To see Colorado statutes on civil protection orders, click here and here.

Extreme Risk Protection Order (ERPO)

An Extreme Risk Protection Order (ERPO) is when the court makes a person (called the “respondent”) give up any firearms they have. The respondent is also not allowed to buy any firearms.

An ERPO can be requested by:

1. Police or sheriffs.
2. Family members of the respondent, including blood relatives and people related by marriage.
3. Someone who has lived with the respondent in the past 6 months.

The person who asks for the ERPO is called the “petitioner”. The petitioner must swear to tell the truth in a report to the Court (called an “affidavit”). The report must explain why the petitioner thinks the respondent might cause significant harm in the near future to themselves or someone else by having a firearm.

If the Judge agrees, the Judge will first order the respondent to give up their firearms two weeks. During these two weeks, the respondent can tell the Judge why it isn’t a risk for them to have firearms. Then, the petitioner can tell more about why the respondent having firearms is a risk.

If the Judge believes that the respondent having firearms continues to be a risk, the Judge can make the ERPO last for up to one year. The petitioner can ask the court to make the ERPO last longer.

For more information, access the Colorado Courts’ self-help website or consult with a law enforcement agency, a victim advocate, or an attorney. The statute for ERPO is:  C.R.S. § 13-14.5-103(5)(a).

Sometimes the court decides that a person is not able to manage their own money or property. This person is called a "protected person". The court can appoint a Conservator to manage the protected person’s money and property.

Sometimes the court decides a person is not able to take care of themselves, either mentally or physically. When the protected person is under 18 years old, they are called a “minor.”  When the protected person is an adult, the court calls that person a “ward”. The court can appoint a Guardian to be responsible for the care and welfare of the minor or the ward.  

There are specific forms that need to be completed before someone can be appointed as a guardian or a conservator, click here for more information.

Sometimes, a person only needs someone else to take care of their money, property, or children for a short time.  This can sometimes be done through a Power of Attorney (POA). A Power of Attorney (POA) is not a court process.  It is a document signed by one person, called a Principal, that gives another adult, called an Agent, temporary legal power to do certain things for them.  The POA must be notarized. Click here for a sample POA form.

Find legal representation in your area.
List of courts by county.

If you or someone you know needs help on this topic, click here for some Denver-based and national organizationsclick here for some Denver-based and national organizations that may help you.

To see Colorado statutes on conservatorship/guardianship, click here.

Divorce is the legal process to end a marriage. In Colorado, divorce is called “dissolution of marriage.” One spouse must have lived in Colorado for at least 91 days before filing for divorce.

The person who files (asks the court) for the divorce is known as Petitioner. The other person is known as the Respondent. If two spouses ask for a divorce together, they are known as Petitioner and Co-Petitioner.

In a divorce case the court can resolve different things, usually things related to property and children.  Learn more about issues related to child custody (Allocation of Parental Responsibilities) here. Property issues in a divorce involve dividing assets and debts.

Assets are things one or both parties own.  For example, a house, land, car, jewelry tools, retirement plans, insurance, and bank accounts. Debts are things one or both parties owe to someone else. For example, a mortgage, car loan, credit card debt, or medical bills.

The court can also order maintenance (which is like alimony), which are payments that are usually made from the higher earning party to the lower-earning party.  Maintenance is a complicated topic, and you should consult an attorney for more information. 

Divorce can be a difficult and stressful process.  When intimate partner abuse has happened during the marriage, victims can face safety issues in the divorce process. We strongly encourage victims of intimate partner abuse to speak with a Navigator.

More information on steps to filing a divorce.
More information on waiving filing fees.
More information on other family law issues.
List of courts by county.

If you or someone you know needs help on this topic, click here for some Denver-based and national organizationsclick here for some Denver-based and national organizations that may help you.

To see Colorado statutes on dissolution of marriage and divorce, click here.

Post-Decree Family Law

“Post-decree” means a court case that happens after the Court has already made final rulings and orders in a family law. For example, a court may have ruled on child custody, parenting time, or child support in a divorce or custody case.

A post-decree case is when one of the people in the case asks the court, at a later date, to change or enforce the court’s order. This is sometimes done with a motion to modify, motion to enforce, or motion for contempt.

For example, if one parent wants to change the amount of time a child spends with the other parent, they might ask to the court to modify their parenting time order. Another example is if one parent is not paying child support like they are supposed to, the other parent might ask the court to force them to do so.  

Lots of post-decree cases happen after a divorce. But, post-decree cases can happen any time a court has made a custody order, even if the couple was never married.

A person who wants to enforce or change the court order has to go through “post-decree” litigation. Post-decree litigation is complicated. You should speak to a qualified family law attorney for further information.

Immigration laws deal with non-U.S. citizens living in the United States legally. People who were not born in the U.S. may try to get a temporary or permanent visa to live in the United States legally. There are some visa options specifically for crime victims.

Temporary Visas. The U visa and T visa are two types of temporary visas for some crime victims. To qualify, crime victims must be working with law enforcement on a criminal case. A U visa is for victims of violent crimes, including Domestic Violence, Sexual Assault, Stalking, and Kidnapping. A T visa is for victims of Human Trafficking (either sex-based or employment-based trafficking). Immediate family members of crime victims may also be able to get these visas.

Permanent Visa. The VAWA (Violence Against Women Act) visa is for victims of Domestic Violence who are married to a U.S. citizen or permanent resident.

These visas only allow someone to live in the U.S. legally.  To be able to apply for a job, a visa holder must also apply for work authorization.  A visa holder may also apply to become a legal permanent resident of the U.S. 

Immigration law is a complicated subject, and we urge you to consult an immigration attorney if you have questions about this area of law.  If you are in a deportation proceeding or have a case in immigration court, please contact an immigration attorney.

Find legal representation in your area.
List of courts by county.

If you or someone you know needs help on this topic, click here for some Denver-based and national organizationsclick here for some Denver-based and national organizations that may help you.

To see federal statutes on visa options for crime victims, click here.

Legal separation is a process to make a married couple financially separate so they are not responsible for each other’s support, debts, or taxes.  A legal separation does not legally end a marriage, and a party cannot re-marry after a legal separation.  Inheritance rights may also continue after a legal separation.

A legal separation may be an option for people who do not want to file for a dissolution of marriage (divorce), but want to legally separate and protect their finances.  For example, someone who is not sure they want to permanently and/or legally end a marriage, or someone whose religious beliefs do not allow divorce.

The process for filing for a legal separation is the same as for a dissolution of marriage (divorce).  A legal separation can become a dissolution of marriage (divorce) before or after the decree of legal separation is entered, if one of the parties requests that the separation be converted to a dissolution.

For more information on dissolution of marriage, click here.

Find legal representation in your area.
List of courts by county.

If you or someone you know needs help on this topic, click here for some Denver-based and national organizationsclick here for some Denver-based and national organizations that may help you.

Paternity law deals with the identity of a child's biological father.

Before a court can make any decisions about a child, the identity of both biological parents must be clear. A parent (often the mother) may file a paternity case to identify the father of a child. Once paternity is proven, the court can enter orders about custody, parenting time, and child support.

For more information about custody (Allocation of Parental Responsibilities) click here.

A Paternity case can be filed as part of a child support or custody case that has already been filed in court, or it can be filed as a new case.   A new paternity case should be filed in the county where the child or the alleged father lives. In Denver County, paternity cases are filed at the Denver Juvenile Court.

 Paternity, custody, and child support can be difficult and stressful processes. When intimate partner abuse has happened between parents, victims and their children can face safety issues in these court processes. We strongly encourage victims of intimate partner abuse to speak with a Navigator. 

More information on other family law issues.
List of courts by county.

If you or someone you know needs help on this topic, click here for some Denver-based and national organizationsclick here for some Denver-based and national organizations that may help you.

To see Colorado statutes on paternity, click here.

Replevin (recovering personal property)

Sometimes abusers, ex-partners, or other people take things or won’t return things that are yours. 

People who want to get their property back can file a civil case against that person. The Court can tell the person to return your property and might also make them pay you additional money for them having taken it. When the Court does this, it’s called a replevin action.

How do you start a replevin action?

You can ask for a replevin action in the county or district court where the property is located; if the value of property is more than $15,000 you must file in district court.

You will have to file forms explaining:

• What the property is
• Why you should get the property back
• How the other person got possession of the property
• Why you think the person who has the property is wrong

You also have to tell the person who has your property that you filed the forms. This is done though service of process and means having the forms delivered to them.

After the forms are filed and the other person is served, a court date will be set, usually in 1-2 weeks. When you go to court, you will be asked to show why the property should be returned to you. A judge will decide whether the property should be given to you, and if the person who took it should have to pay you anything else.

For assistance with this process, you can visit the Self-Help Center at your local courthouse. Find your local self-help center here. 

A subpoena is a court order that requires a person to come to court or provide information. When a subpoena is served (given to the person who has to respond), a copy has to go the court and the other party in the case or their lawyer. If a person does not respond to a subpoena, they may be punished by the court.

If a victim in a criminal case is subpoenaed, certain protections apply. Click here to read more.

Find legal representation in your area.
List of courts by county.

If you or someone you know needs help on this topic, click here for some Denver-based and national organizationsclick here for some Denver-based and national organizations that may help you.

To see Colorado statutes on subpoena, click here and here.